
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1404a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 8--LOW-INCOME HOUSING
 
Sec. 1404a. Secretary of Housing and Urban Development; right to 
        sue; expenses
        
    The Secretary of Housing and Urban Development may sue and be sued 
only with respect to its functions under the United States Housing Act 
of 1937, as amended [42 U.S.C. 1437 et seq.], and title II of Public Law 
671, Seventy-sixth Congress, approved June 28, 1940, as amended [42 
U.S.C. 1501 et seq.]. Funds made available for carrying out the 
functions, powers, and duties of the Secretary of Housing and Urban 
Development (including appropriations therefor, which are authorized) 
shall be available, in such amounts as may from year to year be 
authorized by the Congress, for the administrative expenses of the 
Secretary of Housing and Urban Development. Notwithstanding any other 
provisions of law except provisions of law enacted after August 10, 1948 
expressly in limitation hereof, the Secretary of Housing and Urban 
Development, or any State or local public agency administering a low-
rent housing project assisted pursuant to the United States Housing Act 
of 1937 or title II of Public Law 671, Seventy-sixth Congress, approved 
June 38, 1940, shall continue to have the right to maintain an action or 
proceeding to recover possession of any housing accommodations operated 
by it where such action is authorized by the statute or regulations 
under which such housing accommodations are administered, and, in 
determining net income for the purposes of tenant eligibility with 
respect to low-rent housing projects assisted pursuant to said Acts, the 
Secretary of Housing and Urban Development is authorized, where it finds 
such action equitable and in the public interest, to exclude amounts or 
portions thereof paid by the United States Government for disability or 
death occurring in connection with military service.

(Aug. 10, 1948, ch. 832, title V, Sec. 502(b), 62 Stat. 1284; Oct. 28, 
1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 90-19, 
Sec. 5(d)(4)-(7), May 25, 1967, 81 Stat. 21; Pub. L. 100-242, title V, 
Sec. 570(a)(2), Feb. 5, 1988, 101 Stat. 1949.)

                       References in Text

    The United States Housing Act of 1937, referred to in text, is act 
Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title 
II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is 
classified generally to this chapter (Sec. 1437 et seq.). For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1437 of this title and Tables.
    Public Law 671, Seventy-sixth Congress, approved June 28, 1940, 
referred to in text, is act June 28, 1940, ch. 440, 54 Stat. 676, as 
amended. Title II of that Act is classified generally to subchapter I 
(Sec. 1501 et seq.) of chapter 9 of this title. For complete 
classification of this Act to the Code, see Tables.

                          Codification

    Section was enacted as part of the Housing Act of 1948, and not as 
part of the United States Housing Act of 1937 which comprises this 
chapter.
    Section 502 of act Aug. 10, 1948, is classified generally to section 
1701c of Title 12, Banks and Banking.


                               Amendments

    1988--Pub. L. 100-242 substituted ``Secretary of Housing and Urban 
Development'' for ``United States Housing Authority'' in three places 
and for ``Authority'' in two places.
    1967--Pub. L. 90-19 substituted ``United States Housing Authority'' 
for ``Public Housing Administration'' wherever appearing in first and 
fourth sentences, ``Authority'' for ``Administration'' wherever 
appearing in third sentence, and ``may sue'' for ``shall sue'' in first 
sentence, and struck out former second sentence authorizing the Public 
Housing Commissioner to appoint necessary officers and employees subject 
to the civil-service and classification laws, to delegate his functions 
and powers, and to make rules and regulations, respectively.
    1949--Act Oct. 28, 1949, substituted ``Classification Act of 1949'' 
for ``Classification Act of 1923''.


                                 Repeals

    Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was 
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, 
Sec. 8, 80 Stat. 632, 655.


                            Cross References

    Additional powers and duties of Secretary of Housing and Urban 
Development, see section 1701c of Title 12, Banks and Banking.
    Library membership, utilization of funds for, see section 1701 of 
Title 12.

                  Section Referred to in Other Sections

    This section is referred to in section 1586 of this title.
