25 USC 4232 - Low-income requirement and income targeting

U.S Code last checked for updates: Jul 30, 2025

§ 4232.

Low-income requirement and income targeting

(a)

In general

Housing shall qualify for affordable housing for purposes of this subchapter only if—

(1)

each dwelling unit in the housing—

(A)

in the case of rental housing, is made available for occupancy only by a family that is a low-income family at the time of the initial occupancy of that family of that unit; and

(B)

in the case of housing for homeownership, is made available for purchase only by a family that is a low-income family at the time of purchase; and

(2)

each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for—

(A)

the remaining useful life of the property (as determined by the Secretary) without regard to the term of the mortgage or to transfer of ownership; or

(B)

(i)

recognizes any contractual or legal rights of any public agency, nonprofit sponsor, or other person or entity to take an action that would—

(I)

avoid termination of low-income affordability, in the case of foreclosure; or

(II)

transfer ownership in lieu of foreclosure; and

(ii)

is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary.

(b)

Exception

(Pub. L. 104–330, title VIII, § 813, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2982.)

cite as: 25 USC 4232