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25 U.S.C. § 4232 — Low-income requirement and income targeting

submitted 26 years ago by Pub. L. 104-330 to r/title-25-INDIANS · 259 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires assistance to target low-income families and sets income rules for the program. It explains which families and housing units must be covered.

(a) In general Housing must qualify for affordable housing for this subchapter 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 the initial occupancy of that family of that unit; and
(B) in the case of housing for homeownership, is made available for purchase only by a family that is a low-income family at the time of purchase; and
(2) each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for —
(A) 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
(B) that other period as the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this subchapter, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if that action —
(i) recognizes any contractual or legal rights of any public agency, nonprofit sponsor, or other person or entity to take an action that would —
(I) avoid termination of low-income affordability, in the case of foreclosure; or
(II) transfer ownership in lieu of foreclosure; and
(ii) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary.
(b) Exception despite subsection (a), housing assistance under section 4228(a)(2)(B) of this title must be considered affordable housing for this subchapter.

the actual law source: uscode.house.gov ↗public domain
(a) In general

Housing shall qualify for affordable housing for purposes of this subchapter 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 the initial occupancy of that family of that unit; and

(B)

in the case of housing for homeownership, is made available for purchase only by a family that is a low-income family at the time of purchase; and

(2)

each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for—

(A)

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

(B)

such other period as the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this subchapter, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if that action—

(i)

recognizes any contractual or legal rights of any public agency, nonprofit sponsor, or other person or entity to take an action that would—

(I)

avoid termination of low-income affordability, in the case of foreclosure; or

(II)

transfer ownership in lieu of foreclosure; and

(ii)

is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary.

(b) Exception

Notwithstanding subsection (a), housing assistance pursuant to section 4228(a)(2)(B) of this title shall be considered affordable housing for purposes of this subchapter.

Source credit: (Pub. L. 104–330, title VIII, § 813, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2982.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 104-330 · 114 Stat. 2888

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-330 on 2000-12-27.

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