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U.S. Code as of:
01/19/04
Section 4119. Definitions
For purposes of this subchapter:
(1) The term "eligible low-income housing" means any housing
financed by a loan or mortgage -
(A) that is -
(i) insured or held by the Secretary under section
1715l(d)(3) of this title and receiving loan management
assistance under section 1437f of title 42 due to a
conversion from section 1701s of this title;
(ii) insured or held by the Secretary and bears interest at
a rate determined under the proviso of section 1715l(d)(5) of
this title;
(iii) insured, assisted, or held by the Secretary or a
State or State agency under section 1715z-1 of this title; or
(iv) held by the Secretary and formerly insured under a
program referred to in clause (i), (ii), or (iii); and
(B) that, under regulation or contract in effect before
February 5, 1988, is or will within 24 months become eligible
for prepayment without prior approval of the Secretary.
(2) The term "Federal cost limit" means, for any eligible
low-income housing, the amount determined under section 4105(a)
of this title.
(3) The term "low-income affordability restrictions" means
limits imposed by regulation or regulatory agreement on tenant
rents, rent contributions, or income eligibility in eligible
low-income housing.
(4) The terms "low-income families or persons" and "very
low-income families or persons" mean families or persons whose
incomes do not exceed the respective levels established for
low-income families and very low-income families, respectively,
under section 1437a(b)(2) of title 42.
(5) The term "moderate-income families or persons" means
families or persons whose incomes are between 80 percent and 95
percent of the median income for the area, as determined by the
Secretary with adjustments for smaller and larger families.
(6) The term "nonprofit organization" means any private,
nonprofit organization that -
(A) is organized or chartered under State or local laws;
(B) has no part of its net earnings inuring to the benefit of
any member, founder, contributor, or individual;
(C) complies with standards of financial accountability
acceptable to the Secretary; and
(D) has among its principal purposes significant activities
related to the provision of decent housing that is affordable
to very low-, low-, and moderate-income families.
(7) The term "owner" means the current or subsequent owner or
owners of eligible low-income housing.
(8) The term "preservation equity" means, for any eligible
low-income housing -
(A) for purposes of determining the authorized return under
section 4104(a) of this title and providing incentives to
extend the low-income affordability restrictions on the housing
under section 4109 of this title -
(i) the preservation value of the housing determined under
section 4103(b)(1) of this title; less
(ii) any debt secured by the property; and
(B) for purposes of determining incentives under section (!1)
4110 and 4111 of this title and determining the amount of an
acquisition loan under the provisions of section 1715z-6(f)(3)
(!2) of this title -
(i) the preservation value of the housing determined under
section 4103(b)(2) of this title; less
(ii) the outstanding balance of the federally-assisted
mortgage or mortgages for the housing.
(9) The term "preservation value" means, for any eligible
low-income housing, the applicable value determined under
paragraph (1) or (2) of section 4103(b) of this title.
(10) The term "Secretary" means the Secretary of Housing and
Urban Development.
(11) The term "resident council" means any incorporated
nonprofit organization or association that -
(A) is representative of the residents 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 residents of the housing.
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