42 U.S.C. § 1404a — Secretary of Housing and Urban Development; right to sue; expenses
submitted 78 years ago by ch. 832 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 275 words · no verdicts yet
The Secretary of Housing and Urban Development may sue or be sued only for functions under two specified housing laws. Available funds may pay the Secretary’s administrative expenses, and housing agencies retain possession actions and may exclude certain military-service disability or death payments when determining tenant income.
The Secretary* of Housing and Urban Development* may sue and be sued only regarding functions under the United States Housing Act of 1937 and title II of Public Law 671, approved June 28, 1940. Funds made available for the Secretary’s functions, powers, and duties, including authorized appropriations, may be used for the Secretary’s administrative expenses in amounts authorized by Congress from year to year. Despite other law, except a later law that expressly limits this rule, the Secretary and any State* or local public agency* administering a low-rent housing project* assisted under either cited law may continue to bring an action or proceeding to recover possession of housing it operates when the applicable statute or regulations authorize that action. In deciding a tenant’s net income* for eligibility for an assisted low-rent housing project, the Secretary may, when equitable and in the public interest, exclude amounts or parts of amounts paid by the United States for disability or death connected with military service.
The Secretary* of Housing and Urban Development* may sue and be sued only with respect to its functions under the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.], and title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, as amended [42 U.S.C. 1501 et seq.]. Funds made available for carrying out the functions, powers, and duties of the Secretary of Housing and Urban Development (including appropriations therefor, which are authorized) shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary of Housing and Urban Development. Notwithstanding any other provisions of law except provisions of law enacted after August 10, 1948 expressly in limitation hereof, the Secretary of Housing and Urban Development, or any State* or local public agency* administering a low-rent housing project* assisted pursuant to the United States Housing Act of 1937 or title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, shall continue to have the right to maintain an action or proceeding to recover possession of any housing accommodations operated by it where such action is authorized by the statute or regulations under which such housing accommodations are administered, and, in determining net income* for the purposes of tenant eligibility with respect to low-rent housing projects assisted pursuant to said Acts, the Secretary of Housing and Urban Development is authorized, where it finds such action equitable and in the public interest, to exclude amounts or portions thereof paid by the United States Government for disability or death occurring in connection with military service.
Source credit: (Aug. 10, 1948, ch. 832, title V, § 502(b), 62 Stat. 1284; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 90–19, § 5(d)(4)–(7), May 25, 1967, 81 Stat. 21; Pub. L. 100–242, title V, § 570(a)(2), Feb. 5, 1988, 101 Stat. 1949.)
- 1948Enacted · Act of Aug. 10, 1948, ch. 832 · 62 Stat. 1284
- 1949Amended · Act of Oct. 28, 1949, ch. 782 · 63 Stat. 972
- 1967Amended · Pub. L. 90-19 · 81 Stat. 21
- 1988Amended · Pub. L. 100-242 · 101 Stat. 1949
A history note hasn’t been published yet. The record shows enactment by ch. 832 on 1948-08-10.
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