
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12876]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 130--NATIONAL AFFORDABLE HOUSING
 
 SUBCHAPTER IV--HOPE FOR HOMEOWNERSHIP OF MULTIFAMILY AND SINGLE FAMILY 
                                  HOMES
 
           Part A--HOPE for Homeownership of Multifamily Units
 
Sec. 12876. Definitions

    For purposes of this part:
        (1) The term ``applicant'' means the following entities that may 
    represent the tenants of the housing:
            (A) A resident management corporation established in 
        accordance with the requirements of the Secretary under section 
        1437r of this title.
            (B) A resident council.
            (C) A cooperative association.
            (D) A public or private nonprofit organization.
            (E) A public body (including an agency or instrumentality 
        thereof).
            (F) A public housing agency (including an Indian housing 
        authority).
            (G) A mutual housing association.

        (2) The term ``eligible family'' means a family or individual--
            (A) who is a tenant of the eligible property on the date the 
        Secretary approves an implementation grant; or
            (B) whose income does not exceed 80 percent of the median 
        income for the area, as determined by the Secretary with 
        adjustments for smaller and larger families.

        (3) The term ``eligible property'' means a multifamily rental 
    property, containing 5 or more units, that is--
            (A) owned or held by the Secretary;
            (B) financed by a loan or mortgage held by the Secretary or 
        insured by the Secretary;
            (C) determined by the Secretary to have serious physical or 
        financial problems under the terms of an insurance or loan 
        program administered by the Secretary; or
            (D) owned or held by the Secretary of Agriculture, the 
        Resolution Trust Corporation, the Federal Deposit Insurance 
        Corporation, the Secretary of Defense, the Secretary of 
        Transportation, the General Services Administration, any other 
        Federal agency, or a State or local government or an agency or 
        instrumentality thereof.

        (4) The term ``homeownership program'' means a program for 
    homeownership under this part.
        (5) The term ``Indian housing authority'' has the meaning given 
    such term in section 1437a(b)(11) \1\ of this title.
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    \1\ See References in Text note below.
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        (6) The term ``low-income family'' has the meaning given such 
    term in section 1437a(b)(2) of this title.
        (7) The term ``public housing agency'' has the meaning given 
    such term in section 1437a(b)(6) of this title.
        (8) The term ``recipient'' means an applicant approved to 
    receive a grant under this title \1\ or such other entity specified 
    in the approved application that will assume the obligations of the 
    recipient under this part.
        (9) The term ``resident council'' means any incorporated 
    nonprofit organization or association that--
            (A) is representative of the tenants of the housing;
            (B) adopts written procedures providing for the election of 
        officers on a regular basis; and
            (C) has a democratically elected governing board, elected by 
        the tenants of the housing.

        (10) The term ``Secretary'' means the Secretary of Housing and 
    Urban Development.

(Pub. L. 101-625, title IV, Sec. 426, Nov. 28, 1990, 104 Stat. 4170; 
Pub. L. 102-550, title I, Sec. 181(d), (e), (h), Oct. 28, 1992, 106 
Stat. 3735, 3736.)

                       References in Text

    Section 1437a(b)(11) of this title, referred to in par. (5), was 
repealed by Pub. L. 104-330, title V, Sec. 501(b)(1)(D), Oct. 26, 1996, 
110 Stat. 4041, and a new section 1437a(b)(11), defining ``public 
housing agency plan'', was enacted by Pub. L. 105-276, title V, 
Sec. 506(4), Oct. 21, 1998, 112 Stat. 2524.
    This title, referred to in par. (8), means title IV of Pub. L. 101-
625, known as the Homeownership and Opportunity Through HOPE Act, and 
probably should have been ``this subtitle'', meaning subtitle B 
(Secs. 421-431) of title IV of Pub. L. 101-625, which is classified 
principally to this part. For complete classification of title IV of 
Pub. L. 101-625 to the Code, see Short Title note set out under section 
1437aaa of this title and Tables.


                               Amendments

    1992--Par. (1)(G). Pub. L. 102-550, Sec. 181(d), added subpar. (G).
    Par. (3)(D). Pub. L. 102-550, Sec. 181(e), (h), inserted ``the 
Federal Deposit Insurance Corporation, the Secretary of Defense, the 
Secretary of Transportation, the General Services Administration, any 
other Federal agency,'' after ``Corporation,'' and ``or an agency or 
instrumentality thereof'' before period at end.
