42 U.S.C. § 1490j — Conditions on rent increases in projects

Page 4804 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1490i shall incur or be under any liability by reason of hav- ing made or authorized any such payments.’’ § 1490i. Repealed. Pub. L. 98–181, title I [title V, § 506(b)], Nov. 30, 1983, 97 Stat. 1242 Section, act July 15, 1949, ch. 338, title V, § 529, as added Nov. 9, 1978, Pub. L. 95–619, title II, § 252(b), 92 Stat. 3236, required the Secretary of Agriculture to pro- mote the use of energy saving techniques through the establishment of minimum property standards for newly constructed residential housing. § 1490j. Conditions on rent increases in projects receiving assistance under other provisions of law The Secretary may not approve any increase in rental payments, with respect to units in which the tenants are paying rentals in excess of 30 per centum of their incomes, in any project which is assisted under section 1484, 1485, or 1487 of this title and under section 1490a(a)(1)(B) of this title unless the project owner is receiving, or has applied for (within the most recent period of 180 days prior to the effective date of such in- crease), assistance payments with respect to such project under section 1490a(a)(2)(A) or 1490a(a)(5) of this title or section 1437f of this title. (July 15, 1949, ch. 338, title V, § 530, as added Pub. L. 96–399, title V, § 509, Oct. 8, 1980, 94 Stat. 1670; amended Pub. L. 98–181, title I [title V, § 517(d)], Nov. 30, 1983, 97 Stat. 1248; Pub. L. 105–276, title V, § 599C(e)(2)(G), Oct. 21, 1998, 112 Stat. 2663.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–276 substituted ‘‘assistance pay- ments with respect to such project under section 1490a(a)(2)(A) or 1490a(a)(5) of this title’’ for ‘‘rental as- sistance payments with respect to such project under section 1490a(a)(2)(A) of this title’’. 1983—Pub. L. 98–181 substituted ‘‘30 per centum’’ for ‘‘25 per centum’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–181 effective six months after Nov. 30, 1983, or upon the earlier promulgation of implementing regulations, see section 517(f) of Pub. L. 98–181, set out as a note under section 1490a of this title. § 1490k. FHA insurance The Secretary is authorized to act as an agent of the Secretary of Housing and Urban Develop- ment to recommend insurance of any mortgage meeting the requirements of section 1709 of title 12. (July 15, 1949, ch. 338, title V, § 531, as added Pub. L. 98–181, title I [title V, § 520], Nov. 30, 1983, 97 Stat. 1249.) § 1490l. Processing of applications (a) Priority Except as otherwise provided in subsection (c), the Secretary shall, in making assistance avail- able under this subchapter, give a priority to ap- plications submitted by— (1) persons and families that have the great- est housing assistance needs because of their low income and their residing in inadequate dwellings; (2) applicants applying for assistance for projects that will serve such persons and fami- lies; and (3) applicants residing in areas which are the most rural in character. (b) Preliminary reservation of assistance at time of initial approval of project In making available the assistance authorized by section 1483 of this title and section 1490a(a) of this title with respect to projects involving insured and guaranteed loans and interest cred- its and rental assistance payments, the Sec- retary shall process and approve requests for such assistance in a manner that provides for a preliminary reservation of assistance at the time of initial approval of the project. (c) Prioritization of section 1485 housing assist- ance (1) In general The Secretary shall make assistance under section 1485 of this title available pursuant to an objective procedure established by the Sec- retary, under which the Secretary shall iden- tify counties and communities having the greatest need for such assistance and des- ignate such counties and communities to re- ceive such assistance. (2) Objective measures The Secretary shall use the following objec- tive measures to determine the need for rental housing assistance under paragraph (1): (A) The incidence of poverty. (B) The lack of affordable housing and the existence of substandard housing. (C) The lack of mortgage credit. (D) The rural characteristics of the loca- tion. (E) Other factors as determined by the Secretary, demonstrating the need for af- fordable housing. (3) Information In administering this subsection, the Sec- retary shall use information from the most re- cent decennial census of the United States, relevant comprehensive affordable housing strategies under section 12705 of this title, and other reliable sources obtained by the Sec- retary which demonstrate the need for afford- able housing in rural areas. (4) Designation A designation under this subsection shall not be effective for a period of more than 3 years, but may be renewed by the Secretary in accordance with the procedure set forth in this subsection. The Secretary shall take such other reasonable actions as the Secretary con- siders to be appropriate to notify the public of such designations. (July 15, 1949, ch. 338, title V, § 532, as added Pub. L. 98–181, title I [title V, § 521], Nov. 30, 1983, 97 Stat. 1250; amended Pub. L. 104–180, title VII, § 734(f), Aug. 6, 1996, 110 Stat. 1604.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–180, § 734(f)(1), sub- stituted ‘‘Except as otherwise provided in subsection