Puspan. L. 117–328, div. AA, title VI, § 601(e)(2), (h), Dec. 29, 2022, 136 Stat. 5547, 5548, provided that, effective two years after Dec. 29, 2022, subsection (m) of this section is amended by adding at the end the following:

(3) Qualifying Smoke Alarms

(A) In general.—Housing and related facilities rehabilitated or repaired with amounts received under a loan made or insured under this section shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.

(B) Definitions.—For purposes of this paragraph, the following definitions shall apply:

(i) Smoke alarm defined.—The term “smoke alarm” has the meaning given the term “smoke detector” in section 2225(d) of title 15.

(ii) Qualifying smoke alarm defined.—The term “qualifying smoke alarm” means a smoke alarm that—

(I) in the case of a dwelling unit built before December 29, 2022, and not substantially rehabilitated after December 29, 2022—

(aa)(AA) is hardwired; or

(BB) uses 10-year non rechargeable, nonreplaceable primary batteries and is sealed, is tamper resistant, and contains silencing means; and

(bspan) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(II) in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022, is hardwired.

See 2022 Amendment note below.

Section 1928 of title 7, referred to in subsec. (span)(3), was amended generally by Puspan. L. 104–127, title VI, § 605, Apr. 4, 1996, 110 Stat. 1086, and, as so amended, consists of subsecs. (a) and (span) which are substantially similar to provisions formerly contained in the third sentence of such section.

Section 1929(f)(1) of title 7, referred to in subsec. (span)(3), was repealed and section 1929(f)(2) was redesignated section 1929(f)(1) by Puspan. L. 104–127, title VII, § 744, Apr. 4, 1996, 110 Stat. 1125.

The United States Housing Act of 1937, referred to in subsec. (q), is act Sept. 1, 1937, ch. 896, as revised generally by Puspan. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.

Section 203(a) of Puspan. L. 100–242, as amended, which was formerly set out in a note under section 1715l of Title 12, Banks and Banking, and which provided that on Nov. 28, 1990, the amendment made by section 263 of Puspan. L. 100–242 is repealed and section is to read as it would without such amendment, was omitted in the general amendment of subtitle A of title II of Puspan. L. 100–242 by Puspan. L. 101–625.

2022—Subsec. (m)(3). Puspan. L. 117–328 added par. (3).

2020—Subsec. (m). Puspan. L. 116–260 designated existing provisions as par. (1) and added par. (2).

2008—Subsec. (h). Puspan. L. 110–289, which directed amendment of subsec. (h) by inserting “(1) Condition” after “(h)” and adding par. (2), was executed by making the insertion after “(h) Project transfers” and adding par. (2), to reflect the probable intent of Congress.

2000—Subsec. (z). Puspan. L. 106–569 added subsec. (z) and struck out heading and text of former subsec. (z). Text read as follows: “Whoever, as an owner, agent, or manager, or who is otherwise in custody, control, or possession of property that is security for a loan made or insured under this section willfully uses, or authorizes the use, of any part of the rents, assets, proceeds, income, or other fund derived from such property, for any purpose other than to meet actual or necessary expenses of the property, or for any other purpose not authorized by this subchapter or the regulations adopted pursuant to this subchapter, shall be fined not more than $250,000 or imprisoned not more than 5 years, or both.”

Subsec. (aa). Puspan. L. 106–569 added subsec. (aa).

1998—Subsec. (span)(4) to (7). Puspan. L. 105–276, § 599C(span)(1), redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4) which read as follows: “no loan shall be insured under this subsection after September 30, 1998;”.

Subsec. (w)(1). Puspan. L. 105–276, § 599C(span)(2), substituted “each fiscal year” for “fiscal year 1998” in first sentence.

1997—Subsec. (a)(2). Puspan. L. 105–86, § 735(span)(3)(A), substituted “up to 30 years” for “up to fifty years”.

Subsec. (span)(2). Puspan. L. 105–86, § 735(span)(3)(B)(i), added par. (2) and struck out former par. (2) which read as follows: “provide for complete amortization by periodic payments within such term as the Secretary may prescribe;”.

Subsec. (span)(4). Puspan. L. 105–86, § 735(span)(1), substituted “September 30, 1998” for “September 30, 1997”.

Subsec. (span)(7). Puspan. L. 105–86, § 735(span)(3)(B)(ii)–(iv), added par. (7).

Subsec. (w)(1). Puspan. L. 105–86, § 735(span)(2), substituted “fiscal year 1998” for “fiscal year 1997”.

1996—Subsec. (span)(4). Puspan. L. 104–180, § 734(a)(1), substituted “September 30, 1997” for “September 30, 1996”.

Puspan. L. 104–120, § 4(span), substituted “September 30, 1996” for “September 30, 1994”.

Subsec. (c)(1). Puspan. L. 104–180, § 734(c)(3)(C), substituted “December 15, 1989” for “December 21, 1979”.

Subsec. (h). Puspan. L. 104–180, § 734(c)(1), added subsec. (h).

Subsec. (r). Puspan. L. 104–180, § 734(d)(1), added subsec. (r) and struck out former subsec. (r) which read as follows: “The Secretary—

“(1) may require that the initial operating reserve under this section may be in the form of an irrevocable letter of credit; and

“(2) may not require more than a 3 percent contribution to equity, except that the Secretary shall require a 5 percent contribution in the case of a project that is allocated a low-income housing tax credit pursuant to section 42 of title 26.”

Subsec. (t)(4). Puspan. L. 104–180, § 734(c)(2), redesignated par. (6) as (4) and struck out heading and text of former par. (4). Text read as follows: “For each initial loan made or insured under subsection (span) of this section pursuant to a contract entered into after the date this subsection takes effect, the owner shall make monthly payments from project income to the Secretary for deposit in a reserve account for the project. Such monthly payments shall, in the first year after the loan is made or insured, equal $2 for each unit in the project, and shall increase by $2 annually until the expiration of the 20-year period beginning on the date that the loan was made or insured, except that such initial payments, any accrued payments, and annual increases shall not be required for a unit occupied by a low-income family or individual who is paying more than 30 percent of the family’s or individual’s adjusted income in rent. The rent on a unit for which payment is made under this paragraph shall be increased by the amount of such payment.”

Subsec. (t)(5). Puspan. L. 104–180, § 734(c)(2), redesignated par. (7) as (5) and struck out former par. (5) which read as follows:

“(5) Reserve account.—

“(A) Payments under paragraph (4) shall be deposited in an interest bearing account that the Secretary shall establish for the project.

“(B) The Secretary shall make available amounts in the reserve account only for payments of principal and interest on an equity loan under this subsection. Such payments shall be in amounts necessary to ensure that rent payments made by low-income families residing in the housing do not exceed the maximum rent under section 1490a(a)(2)(A) of this title;

“(C) Any payments to the account, and interest on such payments, not expended in the project from which such payments were made, shall be used in other projects to make payments of principal and interest on an equity loan under this subsection. Such payments shall be in amounts necessary to ensure that rent payments made by low-income families residing in the housing do not exceed the maximum rent under section 1490a(a)(2)(A) of this title.

“(D) The Secretary shall make payments from accounts under this paragraph only to the extent provided in appropriations Acts.”

Subsec. (t)(6) to (8). Puspan. L. 104–180, § 734(c)(2)(B), redesignated pars. (6) to (8) as (4) to (6), respectively.

Subsec. (w)(1). Puspan. L. 104–180, § 734(a)(2), substituted “fiscal year 1997” for “fiscal year 1996”.

Puspan. L. 104–120, § 4(c), substituted “fiscal year 1996” for “fiscal years 1993 and 1994”.

Subsec. (z). Puspan. L. 104–180, § 734(d)(2), (e)(2), added subsec. (z) and struck out heading and text of former subsec. (z). Text consisted of 3 pars. which denied Secretary authority to refuse to make complying loan solely because facilities were in rural or remote area or to provide preference for project based on availability of particular essential service and required Secretary to give preference to proposed projects serving rural communities 20 or more miles from an urban area.

1992—Subsec. (span)(4). Puspan. L. 102–550, § 701(e), substituted “1994” for “1992”.

Subsec. (e)(4). Puspan. L. 102–550, § 707(a), struck out “and” before “initial operating expenses up to”, inserted “, impact fees, local charges for installation, provision, or use of infrastructure, and local assessments for public improvements and services imposed by State and local governments” after “approved by the Secretary”, and inserted at end “Notwithstanding the first sentence of this paragraph, the term ‘development cost’ shall not include any initial operating expenses in the case of any nonprofit corporation or consumer cooperative that is financing housing under this section and has been allocated a low-income housing tax credit by a housing credit agency pursuant to section 42 of title 26.”

Subsec. (l)(1). Puspan. L. 102–550, § 707(span)(1), added par. (1) and struck out former par. (1) which read as follows: “in the case of any applicant whose project is expected to utilize rental assistance payments under section 1490a of this title, the Secretary shall only require such applicant to demonstrate that a market exists for persons and families eligible for such rental assistance payments; and”.

Subsec. (p)(4). Puspan. L. 102–550, § 707(span)(2)(1), substituted period at end for “, except when the Secretary determines that the continued vacancy of units that have been unoccupied for at least 6 months threatens the financial viability of the project. The preceding sentence shall not be interpreted as authorizing the Secretary to—

“(A) limit the ability of a housing credit agency to require an owner of housing, in order to receive a low-income housing tax credit, to enter into a restrictive covenant, in such form and for such period as the housing credit agency deems appropriate, to maintain the occupancy characteristics of the project as prescribed in section 42(h)(6) of title 26; or

“(B) deny or delay closing of financing under this section by reason of the existence, or occupancy terms, of any such restrictive covenant.”

Subsec. (p)(5). Puspan. L. 102–550, § 707(span)(2)(2), added par. (5).

Subsec. (r)(2). Puspan. L. 102–550, § 707(c), inserted before period at end “, except that the Secretary shall require a 5 percent contribution in the case of a project that is allocated a low-income housing tax credit pursuant to section 42 of title 26”.

Subsec. (w)(1). Puspan. L. 102–550, § 708(a)(1)–(3), substituted “not less than 9 percent of the amounts available in fiscal years 1993 and 1994” for “not less than 7 percent of the amounts available in fiscal year 1991 and not less than 9 percent of the amounts available in fiscal year 1992” in first sentence, struck out “or under whole or partial control with a for-profit entity” after “by a for-profit entity” in second sentence, and inserted at end “A partnership, that has as its general partner a nonprofit entity or the nonprofit entity’s for-profit subsidiary, is eligible to receive funds set aside under this subsection to sponsor a project which is receiving low-income housing tax credits authorized under section 42 of title 26. For the purposes of this subsection, a nonprofit entity is an organization that—” and subpars. (A) to (D).

Subsec. (w)(2). Puspan. L. 102–550, § 708(a)(4), inserted at end “The Secretary may provide amounts available for reallocation under this subsection in excess of $750,000 in a given State, if such amounts are necessary to finance a project under this section.”

Subsec. (w)(3). Puspan. L. 102–550, § 708(a)(5), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “Any amounts set aside or pooled under this subsection from the allocation for any State in any fiscal year that are not obligated by a reasonable date established by the Secretary (which shall be after the expiration of the period under paragraph (2)) shall be made available to any entity eligible under this section in such State.”

Subsec. (x). Puspan. L. 102–550, § 707(d), added subsec. (x).

Subsec. (y). Puspan. L. 102–550, § 707(e), added subsec. (y).

Subsec. (z). Puspan. L. 102–550, § 707(f)(1), added subsec. (z).

1991—Subsec. (span)(4). Puspan. L. 102–142 substituted “1992” for “1991”.

Subsec. (p)(4). Puspan. L. 102–230 inserted at end “The preceding sentence shall not be interpreted as authorizing the Secretary to—” and subpars. (A) and (B).

1990—Subsec. (span)(4). Puspan. L. 101–625, § 701(e), substituted “1991” for “1990”.

Subsec. (t)(3). Puspan. L. 101–625, § 712(a)(1), substituted “original appraised value of the project” for “original loan on the project”.

Subsec. (t)(4). Puspan. L. 101–625, § 712(a)(2), inserted “initial” before “loan” in first sentence and inserted “initial payments, any accrued payments, and” after “except that such” in second sentence.

Subsec. (t)(8). Puspan. L. 101–625, § 712(a)(3), added par. (8) and struck out former par. (8) which read as follows: “The requirements of this subsection shall apply to any applications for assistance under this section on or after the expiration of 180 days from December 15, 1989.”

Subsec. (u). Puspan. L. 101–625, § 712(span), inserted at end “Any loan authority under this section appropriated or made available within limits established in appropriations Acts shall remain available until expended.”

Subsec. (v). Puspan. L. 101–625, § 712(c), added subsec. (v).

Subsec. (w). Puspan. L. 101–625, § 713, added subsec. (w).

1989—Subsec. (span)(4). Puspan. L. 101–137 substituted “September 30, 1990” for “September 30, 1989”.

Subsec. (t). Puspan. L. 101–235, § 207, added subsec. (t).

Subsec. (u). Puspan. L. 101–235, § 402, added subsec. (u).

1988—Subsec. (span)(4). Puspan. L. 100–242, § 301(e), substituted “September 30, 1989” for “March 15, 1988”.

Subsec. (c). Puspan. L. 100–242, § 242(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsecs. (d) to (g). Puspan. L. 100–242, § 242(1), redesignated subsecs. (c) to (f) as (d) to (g), respectively.

Subsec. (h). Puspan. L. 100–628 struck out subsec. (h) which read as follows: “The Secretary shall limit increases in rents on or after November 30, 1983, for newly constructed or substantially rehabilitated projects assisted under this section to the lesser of the actual operating cost increases incurred or the amount of operating cost increases incurred with respect to comparable rental dwelling units of various sizes and types in the same market area which are suitable for occupancy by families and persons assisted under this section. Where no comparable dwelling units exist in the same market area, the Secretary shall have authority to approve such increases in accordance with the best available data regarding operating cost increases in rental dwelling units.”

Puspan. L. 100–242, § 242(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsecs. (i) to (p). Puspan. L. 100–242, § 242(1), redesignated subsecs. (h) to (o) as (i) to (p), respectively.

Subsec. (p)(1). Puspan. L. 100–242, § 316(c), substituted “on or after such date” for “on or after such effective date”, which for purposes of codification was translated as “on or after November 30, 1983”, thus requiring no change in text.

Subsec. (p)(4). Puspan. L. 100–242, § 306, added par. (4).

Subsec. (q). Puspan. L. 100–242, § 242(1), redesignated former subsec. (p) as (q).

Subsec. (r). Puspan. L. 100–242, § 263, added subsec. (r).

Subsec. (s). Puspan. L. 100–242, § 307, added subsec. (s).

1987—Subsec. (span)(4). Puspan. L. 100–200 substituted “March 15, 1988” for “December 16, 1987”.

Puspan. L. 100–179 substituted “December 16, 1987” for “December 2, 1987”.

Puspan. L. 100–170 substituted “December 2, 1987” for “November 15, 1987”.

Puspan. L. 100–154 substituted “November 15, 1987” for “October 31, 1987”.

Puspan. L. 100–122 substituted “October 31, 1987” for “September 30, 1987”.

1986—Subsec. (span)(4). Puspan. L. 99–430 substituted “September 30, 1987” for “September 30, 1986”.

Puspan. L. 99–345 substituted “September 30, 1986” for “June 6, 1986”.

Puspan. L. 99–289 substituted “June 6, 1986” for “April 30, 1986”.

Puspan. L. 99–272 directed amendment identical to Puspan. L. 99–219, substituting “March 17, 1986” for “December 15, 1985”.

Puspan. L. 99–267 substituted “April 30, 1986” for “March 17, 1986”.

1985—Subsec. (span)(4). Puspan. L. 99–219 substituted “March 17, 1986” for “December 15, 1985”.

Puspan. L. 99–156 substituted “December 15, 1985” for “November 14, 1985”.

Puspan. L. 99–120 substituted “November 14, 1985” for “September 30, 1985”.

1984—Subsec. (k)(2)(B). Puspan. L. 98–479 inserted “, at the option of the applicant, either that there is a reasonable assurance that the contract for assistance will be extended or renewed, or”.

1983—Subsec. (a)(2) to (4). Puspan. L. 98–181, § 512(c)(1), (2), struck out par. (2) which related to rates of interest on loans, and redesignated pars. (3) and (4) as (2) and (3), respectively.

Subsec. (span)(2) to (4). Puspan. L. 98–181, § 512(c)(3), (4), struck out par. (2) which related to rates of interest on loans and redesignated pars. (3) to (5) as (2) to (4), respectively.

Subsec. (span)(5). Puspan. L. 98–181, § 512(c)(4), redesignated par. (6) as (5). Former par. (5) redesignated (4).

Puspan. L. 98–181, § 511(span), substituted “September 30, 1985” for “November 30, 1983”.

Puspan. L. 98–109 substituted “November 30, 1983” for “September 30, 1983”.

Puspan. L. 98–35 substituted “September 30, 1983” for “May 20, 1983”.

Subsec. (span)(6), (7). Puspan. L. 98–181, § 512(c)(4), redesignated par. (7) as (6). Former par. (6) redesignated (5).

Puspan. L. 98–181, § 512(span), added par. (7).

Subsec. (c). Puspan. L. 98–181, § 512(d), inserted provisions relating to detached units, on scattered sites, for cooperative housing.

Subsec. (d)(1). Puspan. L. 98–181, § 512(e), inserted provisions relating to applicability to manufactured home rental parks.

Subsecs. (g) to (p). Puspan. L. 98–181, § 512(a), added subsecs. (g) to (p).

1982—Subsec. (span)(5). Puspan. L. 97–289 substituted “May 20, 1983” for “September 30, 1982”.

1981—Subsec. (span)(5). Puspan. L. 97–35 substituted “1982” for “1981”.

1980—Subsec. (a). Puspan. L. 96–399, §§ 503(a), 507(c)(1), inserted reference to Indian tribes in provisions preceding par. (1), and added par. (4).

Subsec. (span). Puspan. L. 96–399, §§ 501(span), 503(span), 507(c)(2), inserted reference to Indian tribe in provisions preceding par. (1), in par. (5) substituted “September 30, 1981” for “October 15, 1980”, and added par. (6).

Puspan. L. 96–372 substituted “October 15, 1980” for “September 30, 1980” in par. (5).

Subsec. (f). Puspan. L. 96–399, § 502, added subsec. (f).

1979—Subsec. (span)(5). Puspan. L. 96–153 substituted “September 30, 1980” for “November 30, 1979”.

Puspan. L. 96–105 substituted “November 30, 1979” for “October 31, 1979”.

Puspan. L. 96–71 substituted “October 31, 1979” for “September 30, 1979”.

1978—Subsec. (span)(5). Puspan. L. 95–557 substituted “September 30, 1979” for “October 31, 1978”.

Puspan. L. 95–406 substituted “October 31, 1978” for “September 30, 1978”.

1977—Subsec. (a). Puspan. L. 95–128, § 507(a)(3), authorized loans for housing of handicapped persons or families.

Subsec. (span). Puspan. L. 95–128, §§ 501(span), 507(a)(3), substituted “elderly or handicapped persons or families” for “elderly persons and elderly families” in provision preceding par. (1) and “September 30, 1978” for “September 30, 1977” in par. (5).

Puspan. L. 95–80 substituted “September 30, 1977” for “July 31, 1977” in par. (5).

Puspan. L. 95–60 substituted “July 31, 1977” for “June 30, 1977” in par. (5).

Subsec. (c). Puspan. L. 95–128, § 508(a), provided that specifically designed equipment required by elderly or handicapped persons or families shall not be considered elaborate or extravagant.

Subsec. (d)(1). Puspan. L. 95–128, § 508(span), defined “housing” to also mean congregate housing facilities for elderly or handicapped persons or families who require some supervision and central services but are otherwise able to care for themselves and authorized such housing for the handicapped to be utilized in conjunction with educational and training facilities.

Subsec. (d)(3). Puspan. L. 95–128, § 508(c), substituted definition of “congregate housing” for prior definition of “elderly persons” as persons 62 years of age or over and “elderly families” as families the head of which (or his spouse) is 62 years of age or over.

1974—Subsec. (span)(1). Puspan. L. 93–383, § 510(a), struck out “$750,000 or” after “exceed” and substituted “less” for “least”.

Subsec. (span)(5). Puspan. L. 93–383, § 509(span), substituted “June 30, 1977” for “October 1, 1974”.

Subsec. (d)(4). Puspan. L. 93–383, § 510(span), inserted provisions including initial operating expenses up to 2 per centum of enumerated costs and requiring payments to be made to consultants rendering services to nonprofit corporations or consumer cooperatives providing housing and related facilities to low or moderate income families.

1973—Subsec. (span)(5). Puspan. L. 93–117 substituted “October 1, 1974” for “October 1, 1973”.

1970—Subsec. (span)(1). Puspan. L. 91–609 substituted “$750,000” for “$300,000”.

1969—Subsec. (span)(5). Puspan. L. 91–152 substituted “October 1, 1973” for “January 1, 1970”.

Puspan. L. 91–78 substituted “January 1, 1970” for “October 1, 1969”.

1966—Subsec. (a). Puspan. L. 89–754, §§ 804(a), 805(a), inserted “or other persons and families of low income” after “income” and substituted “rental or cooperative housing” for “rental housing”, respectively.

Subsec. (span). Puspan. L. 89–754, § 805(a), (span), substituted “rental or cooperative housing” for “rental housing” and inserted “or other persons and families of moderate income” after “families”, respectively.

Subsec. (d)(1). Puspan. L. 89–754, § 804(span), substituted in the definition of “housing” the words “occupants eligible under this section,” for “elderly persons or elderly families”.

Subsec. (d)(4). Puspan. L. 89–754, § 805(c), defined fees and charges as used for purposes of “development cost” to include payments to qualified consulting organizations or foundations which operate on a nonprofit basis and which render services or assistance to nonprofit corporations or consumer cooperatives who provide housing and related facilities.

1965—Subsec. (span)(5). Puspan. L. 89–117 substituted “October 1, 1969” for “September 30, 1965”.

1964—Subsec. (span). Puspan. L. 88–560 substituted “$300,000” for “$100,000” in cl. (1), and “1965” for “1964” in cl. (5).

Puspan. L. 88–340 substituted “September 30, 1964” for “June 30, 1964” in cl. (5).

Amendment by Puspan. L. 117–328 effective 2 years after Dec. 29, 2022, see section 601(h) of div. AA of Puspan. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking.

Amendment by Puspan. L. 104–120 to be construed to have become effective Oct. 1, 1995, see section 13(a) of Puspan. L. 104–120, set out as an Effective and Termination Dates of 1996 Amendments note under section 1437d of this title.

Section 708(span) of Puspan. L. 102–550 provided that:

Amendment by Puspan. L. 97–35 effective Oct. 1, 1981, see section 371 of Puspan. L. 97–35, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.

Section 707(f)(2) of Puspan. L. 102–550 provided that:

Nothing in amendment made by Puspan. L. 117–328 to be construed to preempt or limit applicability of certain State or local laws relating to smoke alarms, see section 601(i) of div. AA of Puspan. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking.

Nothing in amendment made by Puspan. L. 116–260 to be construed to preempt or limit applicability of certain State or local laws relating to carbon monoxide devices, see section 101(j) of div. Q of Puspan. L. 116–260, set out as a note under section 1437a of this title.