Collapse to view only § 1748h-2. Insurance of mortgages for defense housing for impacted areas

§ 1748. Definitions
As used in this subchapter—
(a) The term “mortgage” means a first mortgage on real estate, in fee simple, or on a leasehold (1) under a lease for not less than ninety-nine years which is renewable; or (2) under a lease for a period of not less than fifty years to run from the date the mortgage was executed; and the term “first mortgage” means such classes of first liens as are commonly given to secure advances on, or the unpaid purchase price of, real estate, under the laws of the State in which the real estate is located, together with the credit instruments, if any, secured thereby.
(b) The term “mortgagee” includes the original lender under a mortgage, and his successors and assigns approved by the Secretary; and the term “mortgagor” includes the original borrower under a mortgage, his successors and assigns.
(c) The term “maturity date” means the date on which the mortgage indebtedness would be extinguished if paid in accordance with periodic payments provided for in the mortgage.
(d) The term “housing accommodations” means housing designed for occupancy by military personnel and their dependents, assigned to duty at or near the military installation where such housing units are constructed.
(e) The term “personnel” shall include military and civilian personnel approved by the Secretary of Defense, or his designee, and the dependents of all such personnel.
(f) The term “military” includes Army, Navy, Marine Corps, Air Force, and Coast Guard.
(g) The term “State” includes the several States, and Puerto Rico, the District of Columbia, Guam, the Virgin Islands, the Canal Zone, and Midway Island.
(June 27, 1934, ch. 847, title VIII, § 801, as added Aug. 8, 1949, ch. 403, § 1, 63 Stat. 570; amended July 14, 1952, ch. 723, § 10(a)(2), 66 Stat. 603; Aug. 11, 1955, ch. 783, title IV, § 401, 69 Stat. 646; Aug. 7, 1956, ch. 1029, title V, § 501, 70 Stat. 1109;
§ 1748a. Repealed. Pub. L. 89–117, title XI, § 1108(aa), Aug. 10, 1965, 79 Stat. 507
§ 1748b. Insurance of mortgages
(a) Aggregate amount of insurance; termination date
(b) Eligibility for insuranceTo be eligible for insurance under this subchapter a mortgage shall meet the following conditions:
(1) The mortgaged property shall be held by a mortgagor approved by the Secretary. The Secretary may, in his discretion, require such mortgagor to be regulated or restricted as to capital structure, and methods of operation. The Secretary may make such contracts with, and acquire for not to exceed $100 stock or interest in, any such mortgagor, as the Secretary may deem necessary to render effective such restriction or regulation. Such stock or interest shall be paid for out of the General Insurance Fund, and shall be redeemed by the mortgagor at par upon the termination of all obligations of the Secretary under the insurance.
(2) The mortgaged property shall be designed for use for residential purposes by personnel of the armed services and situated at or near a military installation, and the Secretary of Defense or his designee shall have certified that there is no intention, so far as can reasonably be foreseen, to substantially curtail the personnel assigned or to be assigned to such installation, and (i) shall have determined that for reasons of safety, security, or other essential military requirements, it is necessary that the personnel involved reside in public quarters: Provided, however, That for the purposes of this subsection housing covered by a mortgage insured, or for which a commitment to insure has been issued, under this section prior to August 11, 1955, may be considered the same as available quarters, and (ii) with the approval of the Secretary, shall have determined that adequate housing is not available for such personnel at reasonable rentals within reasonable commuting distance of the installation and that the mortgaged property will not, so far as can reasonably be foreseen, substantially curtail occupancy in existing housing covered by mortgages insured under this chapter. The housing accommodations shall comply with such standards and conditions as the Secretary may prescribe to establish the acceptability of such property for mortgage insurance, except that the certification of the Secretary of Defense or his designee shall (for purposes of mortgage insurance under this subchapter) be conclusive evidence to the Secretary of the existence of the need for such housing. However, if the Secretary does not concur in the housing needs as certified by the Secretary of Defense, the Secretary may require the Secretary of Defense to guarantee the General Insurance Fund against loss with respect to the mortgage covering such housing. There are authorized to be appropriated such sums as may be necessary to provide for payment to meet losses arising from such guaranty.
(3) The mortgage shall involve a principal obligation in an amount—
(A) not to exceed the amount which the Secretary estimates will be the replacement cost of the property or project when the proposed improvements are completed (the cost of the property or project as such term is used in this paragraph may include the cost of the land, the physical improvements, and utilities within the boundaries of the property or project);
(B) not to exceed an average of $16,500 per family unit for such part of such property or project (including ranges, refrigerators, shades, screens, and fixtures) as may be attributable to dwelling use: Provided, That the replacement cost of the property or project as determined by the Secretary, including the estimated value of any usable utilities within the boundaries of the property or project where owned by the United States and not provided for out of the proceeds of the mortgage, shall not exceed an average of $16,500 per family unit: Provided further, That should the financing of housing to be constructed pursuant to a single invitation for bids be accomplished by two or more mortgages, the principal obligation of any single mortgage may exceed an average of $16,500 per family unit if the sum of the principal obligations of all mortgages for such housing does not exceed an average of $16,500 per family unit: And provided further, That subject to the limitations of this paragraph no family unit included in any mortgaged property shall be contracted for after June 8, 1960 if the cost of such unit exceeds $19,800; and
(C) not to exceed the bid of the eligible bidder with respect to the property or proj­ect under section 1594 of title 42.
The mortgage shall provide for complete amortization by periodic payments within such terms as the Secretary shall prescribe, but not to exceed thirty years from the beginning of amortization of the mortgage, and shall bear interest (exclusive of premium charges for insurance) as not to exceed 4½ per centum per annum of the amount of the principal obligation outstanding at any time. The Secretary may consent to the release of a part or parts of the mortgaged property from the lien of the mortgage upon such terms and conditions as he may prescribe and the mortgage may provide for such release. The property or project may include such nondwelling facilities as the Secretary deems adequate to serve the occupants.
(c) Premium charges
(d) Default by mortgagor; rights of mortgagee
(e) Debentures; issuance; form and denomination
(f) Debentures; execution; signature; negotiability; interest rate; tax exemption; guarantee
(g) Claim certificates
(h) Laws applicable
(i) Secretary’s additional powers to insure certain mortgages
(j) Conclusiveness and validity of insurance contract
(k) Certification as to overtime wages paid to laborers and mechanics
(June 27, 1934, ch. 847, title VIII, § 803, as added Aug. 8, 1949, ch. 403, § 1, 63 Stat. 571; amended Sept. 1, 1951, ch. 378, title VI, § 601(a)–(c), 65 Stat. 312; June 30, 1953, ch. 170, § 10, 67 Stat. 124; June 29, 1954, ch. 410, § 1(2), 68 Stat. 320; Aug. 2, 1954, ch. 649, title I, §§ 112(c), 128(a), 130, 68 Stat. 593, 609; June 30, 1955, ch. 251, § 1(2), 69 Stat. 225; Aug. 11, 1955, ch. 783, title IV, § 401, 69 Stat. 647; Aug. 7, 1956, ch. 1029, title V, §§ 502–506(a), 70 Stat. 1109, 1110; Pub. L. 85–104, title I, § 108(c), title V, §§ 501, 502, July 12, 1957, 71 Stat. 297, 303; Pub. L. 85–364, § 3(b), Apr. 1, 1958, 72 Stat. 73; Pub. L. 86–149, title IV, § 414(a), Aug. 10, 1959, 73 Stat. 322; Pub. L. 86–372, title VII, § 701, Sept. 23, 1959, 73 Stat. 682; Pub. L. 86–500, title V, § 507(a), (c), June 8, 1960, 74 Stat. 185, 186; Pub. L. 87–57, title VI, § 607(a), June 27, 1961, 75 Stat. 111; Pub. L. 87–70, title VI, § 604(d), June 30, 1961, 75 Stat. 177; Pub. L. 87–623, § 1, Aug. 31, 1962, 76 Stat. 418; Pub. L. 89–117, title XI, § 1108(u), Aug. 10, 1965, 79 Stat. 506; Pub. L. 90–19, § 1(a)(3), (p), May 25, 1967, 81 Stat. 17, 19; Pub. L. 96–470, title I, § 107(b), Oct. 19, 1980, 94 Stat. 2238.)
§ 1748c. Repealed. Pub. L. 89–117, title XI, § 1108(aa), Aug. 10, 1965, 79 Stat. 507
§ 1748d. Lease of property; terms and conditions

Whenever the Secretary of the Army, Navy, or Air Force determines that it is necessary to lease any land held by the United States on or near a military installation to effectuate the purposes of this subchapter, he may lease such land upon such terms and conditions as will, in his opinion, best serve the national interest. The authority conferred by this section shall be in addition to and not in derogation of any other power or authority of the Secretary of the Army, Navy, or Air Force.

(June 27, 1934, ch. 847, title VIII, § 805, as added Aug. 8, 1949, ch. 403, § 1, 63 Stat. 576; amended Aug. 11, 1955, ch. 783, title IV, § 401, 69 Stat. 651.)
§ 1748e. Mortgages on property in Alaska

The second sentence of section 1715d of this title, as amended, relating to housing in the State of Alaska, shall not apply to mortgages insured under this subchapter on property in said State.

(June 27, 1934, ch. 847, title VIII, § 806, as added Aug. 8, 1949, ch. 403, § 1, 63 Stat. 576; amended Aug. 11, 1955, ch. 783, title IV, § 401, 69 Stat. 651; Pub. L. 86–70, § 10(d), June 25, 1959, 73 Stat. 143.)
§ 1748f. Rules and regulations

The Secretary is authorized and directed to make such rules and regulations as may be necessary to carry out the provisions of this subchapter.

(June 27, 1934, ch. 847, title VIII, § 807, as added Aug. 8, 1949, ch. 403, § 1, 63 Stat. 576; amended Aug. 11, 1955, ch. 783, title IV, § 401, 69 Stat. 651; Pub. L. 90–19, § 1(a)(3), (q), May 25, 1967, 81 Stat. 17, 19.)
§ 1748g. Cost certification

Except in the case of mortgages on multifamily rental housing projects insured under section 1748h–2 of this title, the cost certification required under section 1715r of this title shall not be required with respect to mortgages insured under the provisions of this subchapter.

(June 27, 1934, ch. 847, title VIII, § 808, as added Aug. 8, 1949, ch. 403, § 1, 63 Stat. 576; amended Aug. 11, 1955, ch. 783, title IV, § 401, 69 Stat. 651; Pub. L. 86–372, title VII, § 704(b), Sept. 23, 1959, 73 Stat. 686.)
§§ 1748g–1, 1748h. Omitted
§ 1748h–1. Civilian employees of Armed Forces
(a) Requirements; certificate of need for housing and employment status
(b) Certification of housing need to Secretary; guaranty from loss; authorization of appropriations
(c) Economic soundness of property
(d) Insurance benefits to which mortgagee entitled
(e) Payment of insurance; meaning of terms
(f) Provisions of subchapter applicable; termination date
(g) Housing for persons employed by National Aeronautics and Space Administration or Atomic Energy Commission; guaranty from loss; definitions
(1) A mortgage secured by property which is intended to provide housing for a person (i) employed or assigned to duty at or in connection with any research or development installation of the National Aeronautics and Space Administration and which is located at or near such installation, or (ii) employed at any research or development installation of the Atomic Energy Commission and which is located at or near such installation, may (if the mortgage otherwise meets the requirements of this section) be insured by the Secretary under the provisions of this section. The Administrator of the National Aeronautics and Space Administration (or his designee), in the case of any mortgage secured by property intended to provide housing for any person employed or assigned to duty at any such installation of the National Aeronautics and Space Administration, or the Chairman of the Atomic Energy Commission (or his designee), in the case of any mortgage secured by property intended to provide housing for any person employed at such installation of the Atomic Energy Commission, is authorized to guarantee and indemnify the General Insurance Fund against loss to the extent required by the Secretary, in accordance with the provisions of subsection (b) of this section.
(2) For purposes of this subsection—
(i) The terms “Armed Forces”, “one of the military departments of the United States”, “military department”, “Secretary of Defense or his designee”, and “Secretary of Defense”, when used in subsections (a) and (b) of this section, shall be deemed to refer to the National Aeronautics and Space Administration (or the Administrator thereof), or the Atomic Energy Commission (or the Chairman thereof), as may be appropriate;
(ii) The term “Secretary of the Army, Navy, or Air Force”, when used in section 1748d of this title, shall be deemed to refer to the National Aeronautics and Space Administration or the Administrator thereof, as may be appropriate;
(iii) The terms “civilian employee”, “civilians”, and “civilian personnel”, as used in this section, shall be deemed to refer to (A) employees of the National Aeronautics and Space Administration or a contractor thereof or to military personnel assigned to duty at an installation of the National Aeronautics and Space Administration, or (B) persons employed at or in connection with any research or development installation of the Atomic Energy Commission, as the case may be; and
(iv) The term “military installation” when used in section 1748d of this title shall be deemed to refer to an installation of the National Aeronautics and Space Administration.
(June 27, 1934, ch. 847, title VIII, § 809, as added June 13, 1956, ch. 381, 70 Stat. 273; amended Pub. L. 86–372, title I, § 116(b), Sept. 23, 1959, 73 Stat. 664; Pub. L. 86–578, July 5, 1960, 74 Stat. 314; Pub. L. 86–774, § 3, Sept. 13, 1960, 74 Stat. 915; Pub. L. 87–623, § 2, Aug. 31, 1962, 76 Stat. 418; Pub. L. 88–127, § 1, Sept. 23, 1963, 77 Stat. 163; Pub. L. 89–117, title II, § 202(c), title XI, § 1108(v), Aug. 10, 1965, 79 Stat. 466, 506; Pub. L. 90–19, § 1(a)(3), (r), May 25, 1967, 81 Stat. 17, 19; Pub. L. 91–78, § 2(d), Sept. 30, 1969, 83 Stat. 125; Pub. L. 91–152, title I, § 101(f), Dec. 24, 1969, 83 Stat. 379; Pub. L. 91–432, § 1(d), Oct. 2, 1970, 84 Stat. 887; Pub. L. 91–473, § 1(d), Oct. 21, 1970, 84 Stat. 1065; Pub. L. 91–525, § 1(d), Dec. 1, 1970, 84 Stat. 1384; Pub. L. 91–609, title I, §§ 101(f), 112, Dec. 31, 1970, 84 Stat. 1770, 1772; Pub. L. 92–503, § 1(f), Oct. 18, 1972, 86 Stat. 906; Pub. L. 93–85, § 1(f), Aug. 10, 1973, 87 Stat. 220; Pub. L. 93–117, § 1(f), Oct. 2, 1973, 87 Stat. 421; Pub. L. 93–383, title III, § 316(d), Aug. 22, 1974, 88 Stat. 685; Pub. L. 95–60, § 1(e), June 30, 1977, 91 Stat. 257; Pub. L. 95–80, § 1(e), July 31, 1977, 91 Stat. 339; Pub. L. 95–128, title III, § 301(h), Oct. 12, 1977, 91 Stat. 1131; Pub. L. 95–406, § 1(h), Sept. 30, 1978, 92 Stat. 879; Pub. L. 95–557, title III, § 301(h), Oct. 31, 1978, 92 Stat. 2096; Pub. L. 96–71, § 1(h), Sept. 28, 1979, 93 Stat. 501; Pub. L. 96–105, § 1(h), Nov. 8, 1979, 93 Stat. 794; Pub. L. 96–153, title III, § 301(h), Dec. 21, 1979, 93 Stat. 1112; Pub. L. 96–372, § 1(h), Oct. 3, 1980, 94 Stat. 1363; Pub. L. 96–399, title III, § 301(h), Oct. 8, 1980, 94 Stat. 1638; Pub. L. 97–35, title III, § 331(h)(1), Aug. 13, 1981, 95 Stat. 413; Pub. L. 97–289, § 1(h), Oct. 6, 1982, 96 Stat. 1230; Pub. L. 98–35, § 1(h), May 26, 1983, 97 Stat. 197; Pub. L. 98–109, § 1(h), Oct. 1, 1983, 97 Stat. 745; Pub. L. 98–181, title I [title IV, § 401(g)], Nov. 30, 1983, 97 Stat. 1208; Pub. L. 99–120, § 1(h)(1), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99–156, § 1(h)(1), Nov. 15, 1985, 99 Stat. 815; Pub. L. 99–219, § 1(h)(1), Dec. 26, 1985, 99 Stat. 1730; Pub. L. 99–267, § 1(i)(1), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99–272, title III, § 3007(h)(1), Apr. 7, 1986, 100 Stat. 105; Pub. L. 99–289, § 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99–345, § 1, June 24, 1986, 100 Stat. 673; Pub. L. 99–430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100–122, § 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100–154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100–170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100–179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100–200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100–242, title IV, § 401(a)(5), Feb. 5, 1988, 101 Stat. 1898; Pub. L. 101–625, title IX, § 952(b), Nov. 28, 1990, 104 Stat. 4418; Pub. L. 102–550, title IX, § 904(b), Oct. 28, 1992, 106 Stat. 3868.)
§ 1748h–2. Insurance of mortgages for defense housing for impacted areas
(a) Authorization
(b) Eligibility requirements
(c) Economical soundness of property or project
(d) Rental conditions; preferences and priorities in the sale or rental of dwellings
(e) Property held by mortgagor approved by Secretary; acquisition of stock or interest; redemption
(f) Mortgage limitations for multifamily rental property or project
(g) Mortgage limitation for property or project constructed for eventual sale of single-family dwellings
(h) Amortization; interest; release of part of mortgaged property from lien; replacement of certain mortgages by individual mortgages; commercial and community facilities
(i) Limitation on aggregate number of dwelling units
(j) Applicability of other laws
(k) Aggregate amount of mortgages insured; termination date
(June 27, 1934, ch. 847, title VIII, § 810, as added Pub. L. 86–372, title VII, § 704(a), Sept. 23, 1959, 73 Stat. 683; amended Pub. L. 87–70, title VI, § 611(a), June 30, 1961, 75 Stat. 180; Pub. L. 87–623, § 3, Aug. 31, 1962, 76 Stat. 418; Pub. L. 88–127, § 2, Sept. 23, 1963, 77 Stat. 163; Pub. L. 88–560, title I, § 107(f), Sept. 2, 1964, 78 Stat. 776; Pub. L. 89–117, title II, § 202(c), title XI, § 1108(w), Aug. 10, 1965, 79 Stat. 466, 506; Pub. L. 90–19, § 1(a)(3), May 25, 1967, 81 Stat. 17; Pub. L. 90–448, title XVII, § 1722(f), Aug. 1, 1968, 82 Stat. 611; Pub. L. 91–78, § 2(e), Sept. 30, 1969, 83 Stat. 125; Pub. L. 91–152, title I, § 101(g), Dec. 24, 1969, 83 Stat. 379; Pub. L. 91–432, § 1(e), Oct. 2, 1970, 84 Stat. 887; Pub. L. 91–473, § 1(e), Oct. 21, 1970, 84 Stat. 1065; Pub. L. 91–525, § 1(e), Dec. 1, 1970, 84 Stat. 1384; Pub. L. 91–609, title I, § 101(g), Dec. 31, 1970, 84 Stat. 1770; Pub. L. 92–503, § 1(g), Oct. 18, 1972, 86 Stat. 906; Pub. L. 93–85, § 1(g), Aug. 10, 1973, 87 Stat. 220; Pub. L. 93–117, § 1(g), Oct. 2, 1973, 87 Stat. 421; Pub. L. 93–383, title III, §§ 304(j), 316(e), Aug. 22, 1974, 88 Stat. 678, 685; Pub. L. 95–60, § 1(f), June 30, 1977, 91 Stat. 257; Pub. L. 95–80, § 1(f), July 31, 1977, 91 Stat. 339; Pub. L. 95–128, title III, § 301(i), Oct. 12, 1977, 91 Stat. 1131; Pub. L. 95–406, § 1(i), Sept. 30, 1978, 92 Stat. 879; Pub. L. 95–557, title III, § 301(i), Oct. 31, 1978, 92 Stat. 2096; Pub. L. 96–71, § 1(i), Sept. 28, 1979, 93 Stat. 501; Pub. L. 96–105, § 1(i), Nov. 8, 1979, 93 Stat. 794; Pub. L. 96–153, title III, § 301(i), Dec. 21, 1979, 93 Stat. 1112; Pub. L. 96–372, § 1(i), Oct. 3, 1980, 94 Stat. 1363; Pub. L. 96–399, title III, § 301(i), Oct. 8, 1980, 94 Stat. 1639; Pub. L. 97–35, title III, § 331(h)(2), Aug. 13, 1981, 95 Stat. 413; Pub. L. 97–289, § 1(i), Oct. 6, 1982, 96 Stat. 1230; Pub. L. 98–35, § 1(i), May 26, 1983, 97 Stat. 197; Pub. L. 98–109, § 1(i), Oct. 1, 1983, 97 Stat. 745; Pub. L. 98–181, title I [title IV, § 401(h)], Nov. 30, 1983, 97 Stat. 1208; Pub. L. 99–120, § 1(h)(2), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99–156, § 1(h)(2), Nov. 15, 1985, 99 Stat. 816; Pub. L. 99–219, § 1(h)(2), Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99–267, § 1(i)(2), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99–272, title III, § 3007(h)(2), Apr. 7, 1986, 100 Stat. 105; Pub. L. 99–289, § 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99–345, § 1, June 24, 1986, 100 Stat. 673; Pub. L. 99–430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100–122, § 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100–154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100–170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100–179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100–200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100–242, title IV, §§ 401(a)(6), 429(k), Feb. 5, 1988, 101 Stat. 1898, 1919.)
§ 1748h–3. Payments in lieu of taxes; limitations; exemption from taxation
(a) The Secretary is authorized to make payments in lieu of taxes on any real property to which title has been or is hereafter acquired by him in fee under section 1748b of this title as effective prior to August 11, 1955, and on which taxes or payments in lieu of such taxes were payable or paid prior to acquisition by the Secretary. Such payments may be made in connection with tax years occurring prior to or subsequent to October 5, 1962. The amount of any such payments shall not exceed taxes on similar property and shall not include interest or penalties. If the Secretary has acquired or hereafter acquires title in fee to real property by foreclosure or by transfer from some other department or agency of the Government or otherwise during a tax year, he may make a payment in lieu of taxes prorated for that portion of the year remaining after his acquisition of title. This subsection shall not authorize any lien against property held by the Secretary, nor the payment of any tax, nor any payment in lieu of any tax, on any interest of the Secretary as lessee or mortgagee.
(b) Nothing in this subchapter shall be construed to exempt any real property which has been or is hereafter acquired and held by the Secretary under section 1748h–1 or 1748h–2 of this title from taxation by any State or political subdivision thereof, to the same extent, according to its value, as other real property is taxed.
(June 27, 1934, ch. 847, title VIII, § 811, as added Pub. L. 87–756, Oct. 5, 1962, 76 Stat. 751; amended Pub. L. 90–19, § 1(a)(3), May 25, 1967, 81 Stat. 17.)
§ 1748i. Omitted