42 U.S.C. § 1490l

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 1490l - Processing of applications
(a) Priority

Except as otherwise provided in subsection (c), the Secretary shall, in making assistance available under this subchapter, give a priority to applications submitted by-

(1) persons and families that have the greatest 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 families; 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 credits and rental assistance payments, the Secretary 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 assistance
(1) In general

The Secretary shall make assistance under section 1485 of this title available pursuant to an objective procedure established by the Secretary, under which the Secretary shall identify counties and communities having the greatest need for such assistance and designate such counties and communities to receive such assistance.

(2) Objective measures

The Secretary shall use the following objective 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 location.
(E) Other factors as determined by the Secretary, demonstrating the need for affordable housing.
(3) Information

In administering this subsection, the Secretary shall use information from the most recent decennial census of the United States, relevant comprehensive affordable housing strategies under section 12705 of this title, and other reliable sources obtained by the Secretary which demonstrate the need for affordable 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 considers to be appropriate to notify the public of such designations.

42 U.S.C. § 1490l

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

AMENDMENTS1996-Subsec. (a). Pub. L. 104-180, §734(f)(1), substituted "Except as otherwise provided in subsection (c), the Secretary" for "The Secretary" in introductory provisions.Subsec. (c). Pub. L. 104-180, §734(f)(2), added subsec. (c).

Secretary
The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
housing assistance
The term "housing assistance" means, with respect to federally assisted housing, the grant, contribution, capital advance, loan, mortgage insurance, or other assistance provided for the housing under the provisions of law referred to in paragraph (2). The term also includes any related assistance provided for the housing by the Secretary, including any rental assistance for low-income occupants.
project
The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 80131 of this title.