The law › Title 42, The Public Health and Welfare › Chapter 8A
42 U.S.C. 1485: Housing and related facilities for elderly persons and families or other persons and families of low income
Created in 1962 by Public Law 87-723. Changed by 54 later laws. 1 new law this Congress changed it.
13 other sections of the Code cite this one, including 12 U.S.C. 1701q-2, 12 U.S.C. 4565, 40 U.S.C. 14503, 42 U.S.C. 1472, 42 U.S.C. 1480.
- past change
- enacted this Congress
- proposed
This Congress
- H.R. 6644 21st Century ROAD to Housing Act · became law · changed (h), (w)
How it got here
2022
- Pub. L. 117–328 added par. (3). (Consolidated Appropriations Act, 2023) Law text · (m)
2020
- Pub. L. 116–260 designated existing provisions as par. (1) and added par. (2). (Consolidated Appropriations Act, 2021) Law text · (m)
2008
- Pub. L. 110–289, which directed amendment of subsec. (h) by inserting "(1) Condition" after "(h)" and adding par. (2), was executed by making the insertion after "(h) Project transfers" and adding par. (2), to reflect the probable intent of Congress. (Housing and Economic Recovery Act of 2008) Law text · (h)
2000
- Pub. L. 106–569 added subsec. (z) and struck out heading and text of former subsec. (z). Text read as follows: "Whoever, as an owner, agent, or manager, or who is otherwise in custody, control, or possession of property that is security for a loan made or insured under this section wil… (American Homeownership and Economic Opportunity Act of 2000) Law text · (z)
- Pub. L. 106–569 added subsec. (aa). (American Homeownership and Economic Opportunity Act of 2000) Law text · (aa)
1998
- Pub. L. 105–276, §599C(b)(1), redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4) which read as follows: "no loan shall be insured under this subsection after September 30, 1998;". (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
- Pub. L. 105–276, §599C(b)(2), substituted "each fiscal year" for "fiscal year 1998" in first sentence. (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (w)
1997
- Pub. L. 105–86, §735(b)(3)(A), substituted "up to 30 years" for "up to fifty years". (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998) Law text · (a)
- Pub. L. 105–86, §735(b)(3)(B)(i), added par. (2) and struck out former par. (2) which read as follows: "provide for complete amortization by periodic payments within such term as the Secretary may prescribe;". (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998) Law text · (b)
- Pub. L. 105–86, §735(b)(1), substituted "September 30, 1998" for "September 30, 1997". (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998) Law text · (b)
- Pub. L. 105–86, §735(b)(3)(B)(ii)–(iv), added par. (7). (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998) Law text · (b)
- Pub. L. 105–86, §735(b)(2), substituted "fiscal year 1998" for "fiscal year 1997". (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998) Law text · (w)
1996
- Pub. L. 104–180, §734(a)(1), substituted "September 30, 1997" for "September 30, 1996". (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997) Law text · (b)
- Pub. L. 104–120, §4(b), substituted "September 30, 1996" for "September 30, 1994". (Housing Opportunity Program Extension Act of 1996) Law text · (b)
- Pub. L. 104–180, §734(c)(3)(C), substituted "December 15, 1989" for "December 21, 1979". (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997) Law text · (c)
- Pub. L. 104–180, §734(c)(1), added subsec. (h). (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997) Law text · (h)
- Pub. L. 104–180, §734(d)(1), added subsec. (r) and struck out former subsec. (r) which read as follows: "The Secretary— (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997) Law text · (r)
- Pub. L. 104–180, §734(c)(2), redesignated par. (6) as (4) and struck out heading and text of former par. (4). Text read as follows: "For each initial loan made or insured under subsection (b) of this section pursuant to a contract entered into after the date this subsection takes ef… (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997) Law text · (t)
- Pub. L. 104–180, §734(c)(2), redesignated par. (7) as (5) and struck out former par. (5) which read as follows: (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997) Law text · (t)
- Pub. L. 104–180, §734(c)(2)(B), redesignated pars. (6) to (8) as (4) to (6), respectively. (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997) Law text · (t)
- Pub. L. 104–180, §734(a)(2), substituted "fiscal year 1997" for "fiscal year 1996". (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997) Law text · (w)
- Pub. L. 104–120, §4(c), substituted "fiscal year 1996" for "fiscal years 1993 and 1994". (Housing Opportunity Program Extension Act of 1996) Law text · (w)
- Pub. L. 104–180, §734(d)(2), (e)(2), added subsec. (z) and struck out heading and text of former subsec. (z). Text consisted of 3 pars. which denied Secretary authority to refuse to make complying loan solely because facilities were in rural or remote area or to provide preference for … (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997) Law text · (z)
1992
- Pub. L. 102–550, §701(e), substituted "1994" for "1992". · (b)
- Pub. L. 102–550, §707(a), struck out "and" before "initial operating expenses up to", inserted ", impact fees, local charges for installation, provision, or use of infrastructure, and local assessments for public improvements and services imposed by State and local governments" afte… · (e)
- Pub. L. 102–550, §707(b)(1), added par. (1) and struck out former par. (1) which read as follows: "in the case of any applicant whose project is expected to utilize rental assistance payments under section 1490a of this title, the Secretary shall only require such applicant to demon… · (l)
- Pub. L. 102–550, §707(b)(2)(1), substituted period at end for ", except when the Secretary determines that the continued vacancy of units that have been unoccupied for at least 6 months threatens the financial viability of the project. The preceding sentence shall not be interpreted… · (p)
- Pub. L. 102–550, §707(b)(2)(2), added par. (5). · (p)
- Pub. L. 102–550, §707(c), inserted before period at end ", except that the Secretary shall require a 5 percent contribution in the case of a project that is allocated a low-income housing tax credit pursuant to section 42 of title 26". · (r)
- Pub. L. 102–550, §708(a)(1)–(3), substituted "not less than 9 percent of the amounts available in fiscal years 1993 and 1994" for "not less than 7 percent of the amounts available in fiscal year 1991 and not less than 9 percent of the amounts available in fiscal year 1992" in first … · (w)
- Pub. L. 102–550, §708(a)(4), inserted at end "The Secretary may provide amounts available for reallocation under this subsection in excess of $750,000 in a given State, if such amounts are necessary to finance a project under this section." · (w)
- Pub. L. 102–550, §708(a)(5), added par. (3) and struck out heading and text of former par. (3). Text read as follows: "Any amounts set aside or pooled under this subsection from the allocation for any State in any fiscal year that are not obligated by a reasonable date established b… · (w)
- Pub. L. 102–550, §707(d), added subsec. (x). · (x)
- Pub. L. 102–550, §707(e), added subsec. (y). · (y)
- Pub. L. 102–550, §707(f)(1), added subsec. (z). · (z)
1991
- Pub. L. 102–142 substituted "1992" for "1991". · (b)
- Pub. L. 102–230 inserted at end "The preceding sentence shall not be interpreted as authorizing the Secretary to—" and subpars. (A) and (B). · (p)
1990
- Pub. L. 101–625, §701(e), substituted "1991" for "1990". · (b)
- Pub. L. 101–625, §712(a)(1), substituted "original appraised value of the project" for "original loan on the project". · (t)
- Pub. L. 101–625, §712(a)(2), inserted "initial" before "loan" in first sentence and inserted "initial payments, any accrued payments, and" after "except that such" in second sentence. · (t)
- Pub. L. 101–625, §712(a)(3), added par. (8) and struck out former par. (8) which read as follows: "The requirements of this subsection shall apply to any applications for assistance under this section on or after the expiration of 180 days from December 15, 1989." · (t)
- Pub. L. 101–625, §712(b), inserted at end "Any loan authority under this section appropriated or made available within limits established in appropriations Acts shall remain available until expended." · (u)
- Pub. L. 101–625, §712(c), added subsec. (v). · (v)
- Pub. L. 101–625, §713, added subsec. (w). · (w)
1989
- Pub. L. 101–137 substituted "September 30, 1990" for "September 30, 1989". · (b)
- Pub. L. 101–235, §207, added subsec. (t). · (t)
- Pub. L. 101–235, §402, added subsec. (u). · (u)
1988
- Pub. L. 100–242, §301(e), substituted "September 30, 1989" for "March 15, 1988". · (b)
- Pub. L. 100–242, §242(2), added subsec. (c). Former subsec. (c) redesignated (d). · (c)
- Pub. L. 100–242, §242(1), redesignated subsecs. (c) to (f) as (d) to (g), respectively. · (d), (e), (f), (g)
- Pub. L. 100–628 struck out subsec. (h) which read as follows: "The Secretary shall limit increases in rents on or after November 30, 1983, for newly constructed or substantially rehabilitated projects assisted under this section to the lesser of the actual operating cost increases incu… · (h)
- Pub. L. 100–242, §242(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i). · (h)
- Pub. L. 100–242, §242(1), redesignated subsecs. (h) to (o) as (i) to (p), respectively. · (i), (j), (k), (l), (m), (n), (o), (p)
- Pub. L. 100–242, §316(c), substituted "on or after such date" for "on or after such effective date", which for purposes of codification was translated as "on or after November 30, 1983", thus requiring no change in text. · (p)
- Pub. L. 100–242, §306, added par. (4). · (p)
- Pub. L. 100–242, §242(1), redesignated former subsec. (p) as (q). · (q)
- Pub. L. 100–242, §263, added subsec. (r). · (r)
- Pub. L. 100–242, §307, added subsec. (s). · (s)
1987
- Pub. L. 100–200 substituted "March 15, 1988" for "December 16, 1987". · (b)
- Pub. L. 100–179 substituted "December 16, 1987" for "December 2, 1987". · (b)
- Pub. L. 100–170 substituted "December 2, 1987" for "November 15, 1987". · (b)
- Pub. L. 100–154 substituted "November 15, 1987" for "October 31, 1987". · (b)
- Pub. L. 100–122 substituted "October 31, 1987" for "September 30, 1987". · (b)
1986
- Pub. L. 99–430 substituted "September 30, 1987" for "September 30, 1986". · (b)
- Pub. L. 99–345 substituted "September 30, 1986" for "June 6, 1986". · (b)
- Pub. L. 99–289 substituted "June 6, 1986" for "April 30, 1986". · (b)
- Pub. L. 99–272 directed amendment identical to Pub. L. 99–219, substituting "March 17, 1986" for "December 15, 1985". · (b)
- Pub. L. 99–267 substituted "April 30, 1986" for "March 17, 1986". · (b)
1985
- Pub. L. 99–219 substituted "March 17, 1986" for "December 15, 1985". · (b)
- Pub. L. 99–156 substituted "December 15, 1985" for "November 14, 1985". · (b)
- Pub. L. 99–120 substituted "November 14, 1985" for "September 30, 1985". · (b)
1984
- Pub. L. 98–479 inserted ", at the option of the applicant, either that there is a reasonable assurance that the contract for assistance will be extended or renewed, or". · (k)
1983
- Pub. L. 98–181, §512(c)(1), (2), struck out par. (2) which related to rates of interest on loans, and redesignated pars. (3) and (4) as (2) and (3), respectively. · (a)
- Pub. L. 98–181, §512(c)(3), (4), struck out par. (2) which related to rates of interest on loans and redesignated pars. (3) to (5) as (2) to (4), respectively. · (b)
- Pub. L. 98–181, §512(c)(4), redesignated par. (6) as (5). Former par. (5) redesignated (4). · (b)
- Pub. L. 98–181, §511(b), substituted "September 30, 1985" for "November 30, 1983". · (b)
- Pub. L. 98–109 substituted "November 30, 1983" for "September 30, 1983". · (b)
- Pub. L. 98–35 substituted "September 30, 1983" for "May 20, 1983". · (b)
- Pub. L. 98–181, §512(c)(4), redesignated par. (7) as (6). Former par. (6) redesignated (5). · (b), (7)
- Pub. L. 98–181, §512(b), added par. (7). · (b), (7)
- Pub. L. 98–181, §512(d), inserted provisions relating to detached units, on scattered sites, for cooperative housing. · (c)
- Pub. L. 98–181, §512(e), inserted provisions relating to applicability to manufactured home rental parks. · (d)
- Pub. L. 98–181, §512(a), added subsecs. (g) to (p). · (g), (h), (i), (j), (k), (l), (m), (n), (o), (p)
1982
- Pub. L. 97–289 substituted "May 20, 1983" for "September 30, 1982". · (b)
1981
- Pub. L. 97–35 substituted "1982" for "1981". · (b)
1980
- Pub. L. 96–399, §§503(a), 507(c)(1), inserted reference to Indian tribes in provisions preceding par. (1), and added par. (4). · (a)
- Pub. L. 96–399, §§501(b), 503(b), 507(c)(2), inserted reference to Indian tribe in provisions preceding par. (1), in par. (5) substituted "September 30, 1981" for "October 15, 1980", and added par. (6). · (b)
- Pub. L. 96–372 substituted "October 15, 1980" for "September 30, 1980" in par. (5). · (b)
- Pub. L. 96–399, §502, added subsec. (f). · (f)
1979
- Pub. L. 96–153 substituted "September 30, 1980" for "November 30, 1979". · (b)
- Pub. L. 96–105 substituted "November 30, 1979" for "October 31, 1979". · (b)
- Pub. L. 96–71 substituted "October 31, 1979" for "September 30, 1979". · (b)
1978
- Pub. L. 95–557 substituted "September 30, 1979" for "October 31, 1978". · (b)
- Pub. L. 95–406 substituted "October 31, 1978" for "September 30, 1978". · (b)
1977
- Pub. L. 95–128, §507(a)(3), authorized loans for housing of handicapped persons or families. · (a)
- Pub. L. 95–128, §§501(b), 507(a)(3), substituted "elderly or handicapped persons or families" for "elderly persons and elderly families" in provision preceding par. (1) and "September 30, 1978" for "September 30, 1977" in par. (5). · (b)
- Pub. L. 95–80 substituted "September 30, 1977" for "July 31, 1977" in par. (5). · (b)
- Pub. L. 95–60 substituted "July 31, 1977" for "June 30, 1977" in par. (5). · (b)
- Pub. L. 95–128, §508(a), provided that specifically designed equipment required by elderly or handicapped persons or families shall not be considered elaborate or extravagant. · (c)
- Pub. L. 95–128, §508(b), defined "housing" to also mean congregate housing facilities for elderly or handicapped persons or families who require some supervision and central services but are otherwise able to care for themselves and authorized such housing for the handicapped to be … · (d)
- Pub. L. 95–128, §508(c), substituted definition of "congregate housing" for prior definition of "elderly persons" as persons 62 years of age or over and "elderly families" as families the head of which (or his spouse) is 62 years of age or over. · (d)
1974
- Pub. L. 93–383, §510(a), struck out "$750,000 or" after "exceed" and substituted "less" for "least". · (b)
- Pub. L. 93–383, §509(b), substituted "June 30, 1977" for "October 1, 1974". · (b)
- Pub. L. 93–383, §510(b), inserted provisions including initial operating expenses up to 2 per centum of enumerated costs and requiring payments to be made to consultants rendering services to nonprofit corporations or consumer cooperatives providing housing and related facilities to… · (d)
1973
- Pub. L. 93–117 substituted "October 1, 1974" for "October 1, 1973". · (b)
1970
- Pub. L. 91–609 substituted "$750,000" for "$300,000". · (b)
1969
- Pub. L. 91–152 substituted "October 1, 1973" for "January 1, 1970". · (b)
- Pub. L. 91–78 substituted "January 1, 1970" for "October 1, 1969". · (b)
1966
- Pub. L. 89–754, §§804(a), 805(a), inserted "or other persons and families of low income" after "income" and substituted "rental or cooperative housing" for "rental housing", respectively. · (a)
- Pub. L. 89–754, §805(a), (b), substituted "rental or cooperative housing" for "rental housing" and inserted "or other persons and families of moderate income" after "families", respectively. · (b)
- Pub. L. 89–754, §804(b), substituted in the definition of "housing" the words "occupants eligible under this section," for "elderly persons or elderly families". · (d)
- Pub. L. 89–754, §805(c), defined fees and charges as used for purposes of "development cost" to include payments to qualified consulting organizations or foundations which operate on a nonprofit basis and which render services or assistance to nonprofit corporations or consumer coop… · (d)
1965
- Pub. L. 89–117 substituted "October 1, 1969" for "September 30, 1965". · (b)
1964
- Pub. L. 88–560 substituted "$300,000" for "$100,000" in cl. (1), and "1965" for "1964" in cl. (5). · (b)
- Pub. L. 88–340 substituted "September 30, 1964" for "June 30, 1964" in cl. (5). · (b)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.