2012 US Code
Title 12 - Banks and Banking
Chapter 42 - LOW-INCOME HOUSING PRESERVATION AND RESIDENT HOMEOWNERSHIP (§§ 4101 - 4147)
Subchapter I - PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT (§§ 4101 - 4125)
Section 4104 - Annual authorized return and preservation rents
| Publication Title | United States Code, 2012 Edition, Title 12 - BANKS AND BANKING |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 12 - BANKS AND BANKING CHAPTER 42 - LOW-INCOME HOUSING PRESERVATION AND RESIDENT HOMEOWNERSHIP SUBCHAPTER I - PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT Sec. 4104 - Annual authorized return and preservation rents |
| Contains | section 4104 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 100-242, title II, §214, as added Pub. L. 101-625, title VI, §601(a), Nov. 28, 1990, 104 Stat. 4251. |
| Statutes at Large Reference | 104 Stat. 4251 |
| Public Law References | Public Law 100-242, Public Law 101-625 |
Download PDF
Pursuant to an appraisal under section 4103 of this title, the Secretary shall determine the annual authorized return on the appraised housing, which shall be equal to 8 percent of the preservation equity (as such term is defined in section 4119(8) of this title).
(b) Preservation rentsThe Secretary shall also determine the aggregate preservation rents under this subsection for each project appraised under section 4103 of this title. The aggregate preservation rents shall be used solely for the purposes of comparison with Federal cost limits under section 4105 of this title. Actual rents received by an owner (or a qualified purchaser) shall be determined pursuant to section 4109, 4110, or 4111 of this title. The aggregate preservation rents shall be established as follows:
(1) Extension of affordability limitsThe aggregate preservation rent for purposes of receiving incentives pursuant to extension of the low-income affordability restrictions under section 4109 of this title shall be the gross potential income for the project, determined by the Secretary, that would be required to support the following costs:
(A) The annual authorized return determined under subsection (a) of this section.
(B) Debt service on any rehabilitation loan for the housing.
(C) Debt service on the federally-assisted mortgage for the housing.
(D) Project operating expenses.
(E) Adequate reserves.
(2) SaleThe aggregate preservation rent for purposes of receiving incentives pursuant to sale under section 4110 or 4111 of this title shall be the gross income for the project determined by the Secretary, that would be required to support the following costs:
(A) Debt service on the loan for acquisition of the housing.
(B) Debt service on any rehabilitation loan for the housing.
(C) Debt service on the federally-assisted mortgage for the housing.
(D) Project operating expenses.
(E) Adequate reserves.
(Pub. L. 100–242, title II, §214, as added Pub. L. 101–625, title VI, §601(a), Nov. 28, 1990, 104 Stat. 4251.)
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.
