§ 4108. Prepayment and voluntary termination

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(a)Approval The Secretary may approve a plan of action that provides for termination of the low-income affordability restrictions through prepayment of the mortgage or voluntary termination of the mortgage insurance contract only upon a written finding that—

(1)implementation of the plan of action will not—

(A)materially increase economic hardship for current tenants, and will not in any event result in

(i)a monthly rental payment by any current tenant that exceeds 30 percent of the monthly adjusted income of the tenant or an increase in the monthly rental payment in any year that exceeds 10 percent (whichever is lower), or

(ii)in the case of a current tenant who already pays more than such percentage, an increase in the monthly rental payment in any year that exceeds the increase in the Consumer Price Index or 10 percent (whichever is lower); or

(B)involuntarily displace current tenants (except for good cause) where comparable and affordable housing is not readily available determined without regard to the availability of Federal housing assistance that would address any such hardship or involuntary displacement; and

(2)the supply of vacant, comparable housing is sufficient to ensure that such prepayment will not materially affect—

(A)the availability of decent, safe, and sanitary housing affordable to low-income and very low-income families or persons in the area that the housing could reasonably be expected to serve;

(B)the ability of low-income and very low-income families or persons to find affordable, decent, safe, and sanitary housing near employment opportunities; or

(C)the housing opportunities of minorities in the community within which the housing is located.

(b)Standards and procedure for written findings

(1)Standards A written finding under subsection

(a)shall be based on an analysis of the evidence considered by the Secretary in reaching such finding and shall contain documentation of such evidence.

(2)Procedure and criteria The Secretary shall, by regulation, develop

(A)a procedure for determining whether the conditions under paragraphs

(1)and

(2)of subsection

(a)exist,

(B)requirements for evidence on which such determinations are based, and

(C)criteria on which such determinations are based.

(c)Disapproval If the Secretary determines a plan of action to prepay a mortgage or terminate an insurance contract fails to meet the requirements of subsection (a), the Secretary shall disapprove the plan, the notice of intent filed under section 4102 of this title by such owner shall not be effective for purposes of this subchapter, and the owner may, in order to receive incentives under this subchapter, file a new notice of intent under such section.

(Pub. L. 100–242, title II, § 218, as added Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4256; amended Pub. L. 102–550, title III, § 305, Oct. 28, 1992, 106 Stat. 3763.)

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U.S. Code

statute-compilations

Sec. 218
PREPAYMENT AND VOLUNTARY TERMINATION

statutes-at-large

Traces to 1 document

U.S. Code

Notice of intent
§ 4102

6 references not yet in our index

Pub. L. 100–242, title II, § 218
Pub. L. 101–625, title VI, § 601(a)
104 Stat. 4256
Pub. L. 102–550, title III, § 305
106 Stat. 3763
Pub. L. 102–550

Citation graph

cites case law

§ 4108

Prepayment and voluntary termination

U.S.C.×5

Stat.×2

Stat. Comp.×1

U.S.C.§ 4102

Pub. L.Pub. L. 100–242, title II, § 218

Pub. L.Pub. L. 101–625, title VI, § 601(a)

Stat.104 Stat. 4256

Pub. L.Pub. L. 102–550, title III, § 305

Stat.106 Stat. 3763

Cites 7 · showing 6Cited by 8 across 3 sources